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MATTER OF BANKS v. KELLY

6 A.D.2d 512 (1958)

In the Matter of Harold Banks, Respondent, v. Joseph P. Kelly, as Commissioner of Motor Vehicles, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 2, 1958.

Attorney(s) appearing for the Case

Irving L. Rollins of counsel (Paxton Blair with him on the brief; Louis J. Lefkowitz, Attorney-General), for appellant.

James J. Weisbart of counsel (Lawrence S. Timen with him on the brief; Timen & Waters, attorneys), for respondent.

BOTEIN, P. J., VALENTE, McNALLY, STEVENS and BERGAN, JJ., concur.

Per Curiam.

In an article 78 proceeding directed against the Commissioner of Motor Vehicles, the commissioner appeals from an order made by Special Term, New York County, granting the petitioner's application to the extent of directing the trial of two framed issues pursuant to section 1295 of the Civil Practice Act, which are as follows: (1) did the petitioner actually plead guilty to the second conviction over the...

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